RIJO MATHEW v. 1 2 STATE OF KERALA

BY SRI. SUNIL K.KURIAKOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 43448 OF 2023 -4- JUDGMENT The petitioners say that they participated in an event in the ‘District School Kalolsavam’, but were not awarded the First Rank; thus denying them the opportunity of moving to the next level, namely the ‘State Kalolsavam’, which has now been completed.

2. The petitioners assert that the results of the ‘District Level Kalolsavam’ were egregiously improper and therefore, that they preferred an Appeal before the Statutory Appellate Committee, as is provided under the Manual relating to the ‘Revenue District Kalolsavam’; but that the said Committee has rejected it, through the impugned order, without citing tenable reasons, but on hyper technical grounds. WP(C) NO. 43448 OF 2023 -5-

3. The petitioners, therefore, pray that the impugned order be set aside and that they may be allowed to participate in the ‘Kerala State School Kalolsavam’.

4. Hearing the learned counsel for the petitioners in this case, at the time when this matter was considered for admission and adverting to the allegations and assertions made and contentions impelled, this Court passed an interim order, allowing the petitioners to participate in the ‘State Kalolsavam’, however, clarifying that it will only be provisional. It was also made clear in the said order that, if the petitioners are to obtain Rank Nos.1, 2 or 3, same shall be declared only after obtaining orders from this Court.

5. The ‘State School Kalolsavam’ was completed on 08.01.2024 and this Court is now told that the petitioners have not obtained any of WP(C) NO. 43448 OF 2023 -6- the first three ranks; and that all results have been declared, with the Kannur District being adjudged the Cup Winner.

6. Obviously, therefore, all which now remains is to consider whether the petitioners are entitled to the benefit of any grace marks that they may obtain through their performance, pursuant to the interim order of this Court.

7. Though, as I have already said above, the interim order clearly provided that the performance of the petitioners would be provisional, I am of the view that since they have performed, any resultant benefit that can inure to them, ought not to be denied. This is because, the best that the petitioners would obtain is only grace marks, depending upon whether they have obtained ‘A Grade’ or otherwise; and I do not think that it will be justified for this Court to deny that to the contestants, solely for the reason that WP(C) NO. 43448 OF 2023 -7- their Appeal had been dismissed at the ‘Revenue District School Kalolsavam’ level. The interim order by this Court was issued after due thought and finding a prima facie case in favour of the petitioners; but since they have not been able to obtain the first of the three ranks, I am of the firm view that it would not be necessary for this Court to enter into the merits of any other rival contentions.

8. Obviously, therefore, all which this Court has to now do is to confirm the interim order, so that the petitioners would obtain all collateral benefits entitled, based on their performance in the ‘State Level Kalolsavam’. In the afore circumstances, this Writ Petition is disposed of, confirming the interim order granted by this Court earlier and directing the Authorities to grant all benefits that may be available to the petitioners, based on their WP(C) NO. 43448 OF 2023 -8- performance, as per law. Sd/- DEVAN RAMACHANDRAN JUDGE DCS WP(C) NO. 43448 OF 2023 -9- APPENDIX PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 TRUE COPY OF CERTIFICATES ISSUED TO PETITIONERS FOR 'CHAVITTUNADAKAM' IN CHERTHALA SUB DISTRICT SCHOOL KALOLSAVAM,2022-23 TRUE COPY OF CERTIFICATES ISSUED TO PETITIONERS FOR 'CHAVITTUNADAKAM' IN ALAPPUZHA REVENUE DISTRICT SCHOOL KALOLSAVAM,2022-23. TRUE COPY OF CERTIFICATES ISSUED TO PETITIONERS FOR 'CHAVITTUNADAKAM' IN KERALA STATE SCHOOL KALOLSAVAM,2022- 23. TRUE COPY OF THE RESULT OF CHAVITTUNADAKAM' IN CHERTHALA SUB DISTRICT SCHOOL KALOLSAVAM,2023-24. TRUE COPY OF THE COMPLAINT FILED BY PARENTS OF PETITIONERS BEFORE THE 3RD RESPONDENT TRUE COPY OF THE ORDER OF 3RD RESPONDENT DATED 11.12.2023 DISMISSING THE APPEAL